So far in this course, all assignments have focused on an objective view of the facts and cases. You have read and drafted case briefs that have objectively examined the facts and law of

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BRIEF: ROUGH DRAFT ASSIGNMENT INSTRUCTIONS
OVERVIEW
So far in this course, all assignments have focused on an objective view of the facts and cases.
You have read and drafted case briefs that have objectively examined the facts and law of a case.
Then, you drafted an objective, predictive office memo. Now, we are going to switch gears from
being an objective observer to being an advocate. You will continue with the same cases with
which you have been working for this assignment. Nothing about the law will be changing. The
only change you will be making is switching from objective to persuasive writing for a client.
A brief, contrary to its description, is not brief at all. It is a persuasive argument presented to a
court. Briefs are filed by the attorneys, generally in an appellate court. The brief outlines and
explains the issues, facts, law, and analysis that the court will need to perform. However, each
side will file a brief with the court that takes all of this information and presents it in a persuasive
manner.
The great news is that you have already done a lot of hard work(SEE ATTACHED PREDICTIVE MEMO PRIOR WORK). You have read and briefed all of
the cases that you will use for this assignment. You have even drafted a discussion section with
all four of the rule explanation paragraphs you need. However, now you are going to switch from
being objective to being persuasive. For the brief, you will use the same information but will
become an advocate for your client. At this point, you have already examined the law. Thus,
your focus now should be on crafting logical and reasoned arguments for your client.
INSTRUCTIONS
Follow the format that has been included in the prompt (SEE ATTACHED-JONES BRIEF PROMPT)J provided by your
professor. This includes the headings and sections. Make sure your brief is:
 3 to 5 pages in length.
 Does not include a cover page or running heads.
 Single-spaced, Times New Roman, 12-point font
 Uses the same four rule explanation paragraphs as your memo. However, make sure to
incorporate the feedback provided by your professor in the memo.
o Two rule explanation paragraphs in the first section of the argument.
o Two rule explanation paragraphs in the second section of the argument.
 Includes two rule application paragraphs
o One rule application paragraph at the end of the first section of the argument.
o One rule application paragraph at the end of the second section of the argument.
 Cite cases using the Bluebook in-text citation method
 Only the four assigned cases should be used – no outside sources. Here are the cases: 

1-Derby v. Derby, 378 S.E.2d 74 (Va. Ct. App. 1989) 

2-Galloway v. Galloway, 622 S.E.2d 267 (Va. Ct. App. 2005) 

3-Sims v. Sims, 55 Va. App. 340 (2009)

4-Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. Ct. App. 2009).

Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.

DO NOT USE AI TO WRITE THIS, IT MUST BE WRITTEN BY A HUMAN, I WILL CHECK. TURNITIN WILL CHECK AS WELL. 

JonesBriefMemo.docx


PredictiveMemo-Prior.pdf

The Law Offices of Patrick, Wayne and Swayze

To: Legal Assistant

From: Susan K. Patrick, Esq.

RE: Andrew and Allison Jones, Unconscionability defense – Firm File number 4182016

I just met with Andrew and Allison Jones. They recently purchased a laundry pair from Advantage Housewares in Greenacre, Virginia. The Jones think they may have been the recipients of a bad contract. Now, they have been named as defendants in a lawsuit by Advantage to have the contract enforced.

Since you researched and drafted a memo on the Virginia standard of unconscionability, I would like for you to provide me with a rough draft of a brief we can eventually file with the trial court. Hopefully, we can assert that the enforcement of the remainder of the contract would be unconscionable.

You did a nice job breaking the law into two different elements in your memo: 1) gross disparity, and 2) overreaching/oppressive influences. Please use this same breakdown of the law, but incorporate the feedback that I provided to you. Also, make sure to apply the rules to the facts of the client’s case. Remember, the court in which we will file the brief follows the Bluebook citation method and only permits in-text citation.

We don’t know the case number yet, so you don’t need to include a case caption or title. Instead, start with the introduction and follow the format that we use for a trial-level brief. Please provide me with your rough draft by Sunday of Module 5: Week 5 at 11:59 pm. You can find my notes from the interview below.

Notes from Interview:

Andrew and Allison Jones returned home from a shopping trip to find that their washer and dryer had both stopped working. The Joneses live in a rural area of Virginia known as Greenacre. As a result, they do not have access to a laundromat. This means that needed to quickly purchase a washer and dryer set to be able to clean their laundry.

Unfortunately, the Joneses were going through a difficult financial period. As a result, they decided to go to a store that would allow them to make small monthly payments over a period of time, but acquire the set immediately. They understood that they may pay a bit more overall, but felt the quick delivery and extended payment would be worth the slight additional cost.

After visiting several different stores and being told they would not qualify, the Joneses stopped at Advantage Housewares. The top salesman was Paul Plyburn. Paul met the Joneses at the door and welcomed them into the store. He asked if there was anything he could help them find, and Andrew told him their story. Paul was more than happy to help. He explained that they would pay a bit more in the long run, but the price would still be competitive. He also stated that they would be able to have their new set delivered that afternoon.

The Joneses were thrilled. They followed Paul to his office, signed an agreement stating that they would make 12 monthly payments. Each payment would be for $250. The Joneses thought this price was a bit high but knew they could make the $250 payment each month and felt that they didn’t have any other options. Advantage delivered the set later that afternoon.

So far in this course, all assignments have focused on an objective view of the facts and cases. You have read and drafted case briefs that have objectively examined the facts and law of appeared first on Writeden.com.

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